Capen v. Department of Employment and Training

Full title: Judith Capen v. Department of Employment and Training

Court: Supreme Court of Vermont

Date published: Sep 6, 1983

466 A.2d 1166 (Vt. 1983)

466 A.2d 1166

Opinion

No. 82-239

Opinion Filed September 6, 1983 Motion for Reargument Denied September 21, 1983

Unemployment Compensation — Employment Termination — By Employee Without Good Cause

Where claimant for unemployment compensation quit her job because she felt that she was overworked and underpaid, decision of Employment Security Board affirming its appeals referee's denial of benefits to claimant on the ground that she had left her job voluntarily and without good cause attributable to her employer was supported by the evidence and would, therefore, be affirmed.

Appeal from denial of unemployment compensation benefits. Employment Security Board, Dragon, Chairman, presiding. Affirmed.

Judith Capen, pro se, Chester, Plaintiff-Appellant.

Thomas A. Little of Samuelson, Portnow, Miller Eggleston, Ltd., Burlington, for Defendant-Appellee Hanson Court Convalescent Home.

Present: Hill, Underwood, Peck and Gibson, JJ., and Larrow, J. (Ret.), Specially Assigned

Per Curiam.

This is an appeal from a decision of the Employment Security Board [Board] affirming its appeals referee's denial of unemployment compensation benefits to claimant. The claimant argues that the Board's findings and conclusions are clearly erroneous. We disagree and affirm.

Briefly stated, the facts are as follows. Claimant, asserting she was overworked and underpaid, quit her nurses aide position at Hanson Court Convalescent Home on October 30, 1981. She filed a claim for unemployment compensation benefits on January 11, 1982. On January 26, 1982, a claims examiner found claimant disqualified for benefits on the ground that she had left her job voluntarily and without good cause attributable to her employer. On February 23, 1982, an appeals referee sustained the examiner's finding. On March 26, 1982, the Board sustained the referee's decision. This appeal followed.

We have thoroughly reviewed the record and find that there is no credible evidence which casts any doubt on the correctness of the Board's decision. The Board's findings and conclusion are supported by the evidence and therefore must be affirmed. Davis v. Department of Employment Security, 140 Vt. 269, 276, 438 A.2d 375, 379 (1981).

Affirmed.